South Australian Current Acts

PROTECTION OF MARINE WATERS (PREVENTION OF POLLUTION FROM SHIPS) ACT 1987 - SECT 23

23—Cargo record book to be retained

        (1)         A cargo record book of a ship to which section 21 applies shall be retained in the ship until the expiration of a period of two years after the day on which the last entry was made in the book and shall be readily available for inspection at all reasonable times.

        (2)         Where a cargo record book is not retained in a ship in accordance with subsection (1), the master and the owner of the ship are each guilty of an offence.

Maximum penalty:

            (a)         if the offender is a natural person—$20 000; or

            (b)         if the offender is a body corporate—$100 000.

        (3)         The owner of a ship to which section 21 applies shall cause each of the ship's cargo record books to be retained—

            (a)         in the ship; or

            (b)         at the registered office in the State of the owner,

until the expiration of the period of one year next following the expiration of the period during which the book is required to be retained in the ship by virtue of subsection (1) and to be readily available for inspection at all reasonable times.

        (4)         Where a cargo record book of a ship is not retained in accordance with subsection (3), the owner of the ship is guilty of an offence.

Maximum penalty:

            (a)         if the offender is a natural person—$20 000; or

            (b)         if the offender is a body corporate—$100 000.

        (5)         The owner of a ship to which section 21 applies who resides in the State, or has an office or agent in the State, may from time to time furnish to a prescribed officer notice, in writing, of an address, being the address of—

            (a)         the place in the State at which the person so resides; or

            (b)         the office of the person in the State or, if the person has more than one office in the State, the principal office in the State; or

            (c)         the office or place of residence in the State of an agent or, if the agent has more than one office in the State, the principal office in the State of the agent,

and the place or office of which an address is furnished for the time being under this subsection is the registered office in the State of the owner of the ship for the purposes of subsection (3).

        (6)         Where the owner of a ship to which section 21 applies does not reside in the State and does not have an office or agent in the State, the owner may deposit a cargo record book of the ship with a prescribed officer and, while the book is so deposited, the book is, for the purposes of subsection (3), deemed to be retained at the registered office in the State of the owner.